SECTION III. - GENERAL REQUIREMENTS

Part of the Code of Ordinances of Narragansett, RI.

Local law · 1,806 sections

The text

A. - General requirements.#

The requirements listed below shall be applicable to all subdivisions submitted for approval, unless otherwise specifically provided. Prior to approval of any subdivision or land development project, (if planning board approval is required) the board shall make positive findings on all of the standards listed below, as part of the proposed project's record. If a negative finding for any of these standards is made, the planning board shall have grounds for denial of the project design. 1.

Each subdivision shall be consistent with the requirements of the Narragansett comprehensive community plan and/or shall satisfactorily address the issues where there may be inconsistencies;

Each lot in the subdivision shall conform to the standards and provisions of the Narragansett zoning ordinance; provided, however, that lots being created not for the purpose of present or future development but for open space or a conservation purpose need not meet the area and other dimensional requirements of the zoning ordinance, provided that:

A notation is shown on the recorded plat that the lot being created is not a buildable lot; and

A conservation or preservation easement pursuant to G.L. 1956, § 34-39-1 et seq., is granted to the Town of Narragansett prohibiting any such present or future development or the lot has been deeded to a nonprofit organization, the principal purpose of which is the conservation of open space, or conveyed to a corporation or trust owned or to be owned by the owners of lots or units within a development, or owners within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units. In any case where the land is not conveyed to the Town of Narragansett, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed for accessory uses such as parking or roadway;

There will be no significant negative environmental impacts from the proposed development as determined by the planning board and as shown on the final plan, with all required conditions for approval;

The subdivision, as proposed, will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable. See definition of "buildable lot." Lots with such physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans;

All proposed land developments and all subdivision lots shall have adequate and permanent physical access to a town or state accepted or approved street. Lot frontage on a town or state accepted or approved street without physical access and lot frontage on an access right-of-way or private street shall not be considered compliance with this requirement without approval of the planning board;

Each subdivision shall provide for adequate and safe through and local circulation of pedestrian and vehicular traffic, for adequate surface water runoff, for suitable building sites, and for preservation of natural, historical, or cultural features that contribute to the heritage and attractiveness of the community; and

The design and location of streets, building lots, utilities, drainage improvements and other improvements in each subdivision shall minimize flooding and soil erosion.

B. - Phasing of major land developments and major subdivisions.#

When a major land development and major subdivision is submitted for master plan approval as provided in item [section] V C.4.c., the planning board shall review the adequacy of existing and projected future public improvements, services and facilities which may be impacted by the proposed development in its entirety. If the planning board determines that such improvements, services and facilities including, but not limited to, water supply, sewerage, streets and associated drainage facilities, schools, recreational facilities, and fire and police protection will not be adequate to serve the residents of the subdivision or development at the time of recording of the plat, the planning board shall have the authority to establish a rate of development of the entire subdivision by requiring it to be built in phases.

When an application is submitted for master plan approval, the applicant shall submit to the applicable municipal, state or private agency as provided in the master plan checklist for major land developments and major subdivisions, a copy of the master plan narrative report for their review and comment. Each agency so notified by the applicant shall be requested to provide its comments in writing to the planning board. Comments shall be received from each agency prior to the date of the informational meeting. If comments are not received by the administrative officer by that date, it shall be assumed that the agency does not wish to comment. If the public informational meeting on the master plan and the public hearing on the preliminary plan are combined as provided in section V.c.4.f., all comments from reviewing agencies shall be received prior to the date of the public hearing.

Each department or agency to which such a request for comments is made shall deliver to the administrative officer, in addition to the written correspondence, any supplementary material, which shall describe:

An estimate of the impact of the subdivision on the facilities and/or services provided by the department or agency;

Whether existing facilities and/or services are adequate to serve the subdivision's residents;

Whether plans for the necessary improvements to existing facilities and/or services are included in the town's capital improvement program or are otherwise planned; and

An estimate of how long it would take to provide any necessary improvements to existing facilities and/or services.

Based on the responses received from the various departments and agencies, the planning board shall establish, at the time of master plan approval, a rate of development of the entire subdivision or development that will permit residential construction only when improvements, services and facilities will be adequate to serve the residents of the subdivision or development. As part of such a growth rate plan, the planning board may require that improvements be installed, or lots sold, in two or more phases.

If phasing is required, the planning board shall approve the entire master plan first. Thereafter, the applicant shall be required to submit plans for preliminary and/or final review and/or approval indicating the development of the entire site in two or more phases as required by the planning board in item B.4. of this section, above. In such review and approval, the board may, in its discretion, impose conditions for determining the physical limits of phases, for allowing progression to additional phases, for allowing two or more phases to proceed in review or construction simultaneously, for interim public improvements or construction conditions, for changes to master or preliminary plans, and may include other provisions as necessitated by special conditions.

The master plan documents may contain information on the physical limits of the phases, the schedule and sequence of public improvement installation, improvement guarantees, and the work and completion schedules for approvals and construction of the phases.

C. - Land unsuitable for development.#

When calculating the number of residential building lots or units permitted on any parcel, land included in all of the following categories shall be considered unsuitable for development and shall be deducted from the minimum building acreage of the parcel:

Coastal and freshwater wetlands, except that area of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp or pond; or any applicable 100-foot or 200-foot riverbank wetlands, as defined by G.L. 1956, § 2-1-20 (1987), as amended.

Areas within a high flood danger zone, as defined by the Federal Emergency Management Agency (FEMA) flood insurance rate maps (FIRM), as amended.

Reserved.

Land described in items 1.a, b, and c, above, may be included as part of any lot in any subdivision or land development project; provided, however, that the planning board may determine the extent to which such land deemed unsuitable for development shall be included within the minimum lot size required for each zoning district in Town of Narragansett zoning ordinance.

D. - Dedication of land for public purposes.#

Subdivider must provide open space. The planning board shall require all land developments and subdivisions, subject to the provisions of these regulations, to dedicate a portion of the land being subdivided for the purpose of providing open space, conservation, park and recreational facilities to serve present and future residents of the proposed land development or subdivision. The planning board may, in its discretion, require the payment of a fee in-lieu-of land dedication, or a combination of land dedication and payment of a fee, as an alternative to the dedication of land.

Relationship to comprehensive plan. No dedication of land to the public or payments-in-lieu of such dedications shall be required unless the need for such is documented in the adopted plans of the town, i.e., the comprehensive community plan, the local recreation, conservation and open space plan, or the capital improvement program (CIP). The requirement for dedication of land for open space, conservation, park and recreation facilities shall be based upon the policies and standards set forth in the above plans or in the CIP and shall reflect the character defined for the neighborhood or district in which the subdivision is located by the comprehensive community plan. The nature of the land dedication must reflect the character of the land being subdivided and must be suitable for the intended use. If payments-in-lieu-of-land dedication are required, they must be kept in a restricted account and shall only be spent for the intended purpose of providing open space, conservation, park and recreational facilities.

Amount of land to be dedicated. The minimum amount of land to be dedicated shall be based upon the following formula:

Amount of

Dedicated Land =

(Acres) Maximum No.

of DU's in the

Subdivision 1 × Persons

per

DU 2 × Land

Need 3

1 The maximum number of dwelling units in all phases of the land development project or subdivision.

2 Persons per dwelling unit. See item D.8. below.

3 Land need. See item D.7. below.

Ownership of land. Land dedications required by this section may be made by transfer of fee simple ownership to any of the following as determined by the planning board:

The Town of Narragansett;

A private homeowner's association;

A private nonprofit conservation or recreation group.

Notwithstanding, however, that all land dedications, regardless of fee simple ownership, shall be restricted to open space use, whether private or public, by a conservation/open space easement to the town for such purposes.

Fees-in-lieu-of land dedication. Where a fee is required by the planning board to be paid in-lieu-of land dedication, the amount of such fee shall be based on the fair market value of the amount of land which would otherwise be required to be dedicated under item D.3. hereof. The amount of such fee shall be determined by the following formula:

Fee in-lieu-

of dedication = Fair Market

Value of Land 1 × Land

Need 2 × Max. No.

of DU's 3 × Persons

per DU 4

1 Fair market value of land in the parcel being subdivided after subdivision approval has been granted, and which is suitable for use as open space, conservation, park and recreation facilities. See item 6. below.

2 Land need shall mean the adopted town standards for open space and outdoor recreation area as provided in the comprehensive plan. See item 7. below.

3 The maximum number of dwelling units to be constructed in the subdivision.

4 The average number of persons expected to be living in the dwelling units to be constructed. See item 8. below.

Fair market value. Fair market value of the land, assuming subdivision approval has been granted, shall be determined at the time of filing of the final plan in accordance with the following:

A review by the Narragansett tax assessor of the proposed lot and values of comparable vacant lots in the area in town assuming all subdivision improvements have been made and infrastructure is in place. The tax assessor shall provide the planning board with the results of such a review of evaluations and a determination of an appropriate value;

If the subdivider objects to such amount of evaluation, he may, at his own expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal may be accepted by the planning board if found to be reasonable; or

The planning board and subdivider may agree as to the fair market value.

Land need. The actual need for open space, conservation and open space land as expressed in acres per 1,000 population in the plan for recreation, conservation and open space. The 1994 town-wide need is 24.9 acres per 1,000 people, depending on use.

Persons per dwelling unit. The applicant may provide an estimate of the projected number of persons per dwelling unit (DU) in the proposed land development project or subdivision and shall state the basis for such estimate. The planning board shall review and approve of such estimate. Otherwise, the figure of 2.6 persons per household from the 1990 census shall be used.

E. - Environmental analysis.#

The planning board shall have the authority to require the applicant to prepare an environmental analysis (EA) to assess the potential short[term] and longterm effects of the proposed subdivision or land development project under the following condition:

The planning board finds that there is reasonable expectation that the proposed subdivision or land development project will have a significant negative environmental impact on natural systems located on the property that is the subject of the application, or upon nearby properties or natural systems.

Reserved.

The board shall make findings of fact in writing and shall identify the environmental resources it finds to be potentially threatened. The board's findings shall be made a part of the record of the application.

An EA required under this section shall include research and documentation describing and assessing short[term] and longterm environmental impacts which may include, but not be limited to, impacts upon:

-freshwater wetlands

-coastal features

-noise and air quality

-solid waste generation

-historic/archaeologic areas

-natural heritage areas

-traffic

-soils

-vegetation

-wildlife

-groundwater

If an EA is required, the applicant shall be so informed at the preliminary meeting for a minor subdivision, or the master plan stage for a major subdivision and shall be advised at that meeting as to the specific information that the EA must contain.

For any subdivision or land development project for which an EA is required, the board shall have the authority to impose conditions on approval that, based on the findings and analysis of the EA, are reasonably necessary to minimize adverse impacts that the development may have on the natural or manmade environment.

Environmental analyses may be referred to the conservation commission for their review and comment.